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Debt Facility Agreement
"I need a Shariah-compliant Debt Facility Agreement for a SAR 500 million real estate development financing between ABC Islamic Bank and Saudi Property Development Co., with drawdown expected by March 2025 and using a combination of Ijara and Murabaha structures."
1. Parties: Identification of the financial institution(s) as financier(s), the borrower(s), and any guarantors
2. Background: Context of the financing arrangement and confirmation of Shariah compliance
3. Definitions and Interpretation: Key terms, Islamic finance concepts, and interpretation principles
4. The Facility: Nature and purpose of the facility, commitment amounts, and Shariah structure
5. Islamic Finance Structure: Details of the Islamic structure used (e.g., Murabaha, Ijara) and compliance requirements
6. Conditions Precedent: Documents and conditions required before utilization
7. Utilization: Process and requirements for drawing down the facility
8. Repayment and Prepayment: Payment terms, scheduled repayments, and early payment provisions
9. Profit Rate and Fees: Calculation and payment of profit (not interest) and other permissible fees
10. Tax Provisions: Treatment of taxes and zakat obligations
11. Representations and Warranties: Standard and Shariah-specific representations
12. Information Undertakings: Reporting and information obligations
13. General Undertakings: Positive and negative covenants, including Shariah compliance
14. Events of Default: Default triggers and consequences
15. Changes to Parties: Transfer and assignment provisions
16. Payment Mechanics: Payment procedures and calculations
17. Governing Law and Jurisdiction: Saudi law provisions and dispute resolution
18. Notices: Communication procedures between parties
19. Execution: Signature blocks and execution requirements
1. Security: Required if the facility is secured, detailing security structure and enforcement
2. Guarantee: Required if there are guarantors, containing guarantee terms
3. Syndication Provisions: Required for syndicated facilities, covering relationship between financiers
4. Investment Agency Provisions: Required if using investment agency (Wakala) structure
5. Multiple Currencies: Required if facility can be drawn in different currencies
6. Commodity Murabaha Terms: Required if using commodity Murabaha structure
7. Ijara Terms: Required if using Ijara structure
8. Increased Costs: Optional protection for financiers against regulatory changes
9. Force Majeure: Optional provisions for unforeseen circumstances
10. Anti-corruption Provisions: Required for international transactions or compliance with foreign regulations
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Utilization Request: Standard form for drawing requests
3. Repayment Schedule: Detailed payment dates and amounts
4. Form of Compliance Certificate: Template for periodic compliance certification
5. Form of Transfer Certificate: Documentation for transferring facility participations
6. Security Documents: Forms of security documentation if applicable
7. Profit Rate Calculations: Detailed methodology for calculating profit
8. Form of Islamic Finance Documents: Templates for specific Islamic structure documentation
9. Financial Covenants: Detailed financial maintenance requirements and calculations
10. Contact Details: Comprehensive contact information for all parties
Authors
Banking & Financial Services
Real Estate & Construction
Manufacturing & Industrial
Energy & Utilities
Healthcare
Technology & Telecommunications
Transportation & Logistics
Retail & Consumer Goods
Infrastructure Development
Education
Hospitality & Tourism
Mining & Natural Resources
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Finance
Islamic Banking
Credit
Business Development
Operations
Corporate Secretariat
Investment
Project Finance
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Islamic Finance Specialist
Corporate Finance Manager
Risk Manager
Shariah Compliance Officer
Business Development Director
Investment Manager
Project Finance Manager
Credit Risk Officer
Corporate Banking Officer
Financial Controller
General Counsel
Company Secretary
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